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To: goldstategop
Such a case was brought to them before. Prohibition I think. Someone claimed the Amendment was Unconstitutional. The USSC at the time ruled that they don't have the power to void a Constitutional amendment. Since they have to base their ruling on the text they cannot decide to change the text but only to interpret it.
78 posted on 05/12/2005 2:27:37 PM PDT by Borges
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To: Borges
No longer, I'm afraid. Not with our judges looking to European, African and Canadian courts for guidance. I mentioned the fashionable "living tree" theory of constitutional law. Perhaps once upon a time, judicial review was an instrument that restrained radical excesses on the part of elected officials. Today, it has been subverted into an instrument by which judges get to trample the social and political preferences of the people on a whim. That's why I definitely think the country would be better off without it now.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
84 posted on 05/12/2005 2:34:09 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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